
Anyone who's worked in a job that involves food can probably tell you that such occupations are both a gift and a curse. The good is obvious: working at a restaurant usually means either free or discounted meals. I worked at various fast food places from Subway to Burger King before I graduated to The Day Job, and all that free food came in handy. It was basically one less item on which I needed to spend what little money I had. I could also hook up my friends at will. This probably wasn't exactly ethical, but hey, pay a guy $3.35 an hour, and the definition of "ethical" tends to change a bit.
The flip side of working fast food is you likewise develop some terrible eating habits. Most of these jobs are pretty sedentary as well, with little activity involved beyond standing up and washing an occasional pot. Combine lack of movement with foods swimming in fat, and you've got a pretty lethal combo on your hands. I also smelled like fries when I got off, which wasn't too cool either.
Anyways, common sense would dictate that a long-term career as a McManager would come with its own share of obvious occupational hazards. A Brazilian employee of the franchise lawyered up and recently won a judgment against the company for this very reason:
A Brazilian court ruled this week that McDonald's must pay a former franchise manager $17,500 because he gained 65 pounds (30 kilograms) while working there for a dozen years.
The 32-year-old man said he felt forced to sample the food each day to ensure quality standards remained high, because McDonald's hired "mystery clients" to randomly visit restaurants and report on the food, service and cleanliness.
The man also said the company offered free lunches to employees, adding to his caloric intake while on the job. The judge said McDonald's could appeal the case, and the Brazilian headquarters of the chain said in an e-mailed statement Thursday it was weighing its legal options.
McDonald's also noted that it offers healthier food choices.
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I don't know about this one. In the lexicon of frivolous lawsuits, this isn't the worst one I've heard, but it is sort of trivial. Seriously. I understand the manager needed to "sample" the food to "ensure quality standards," but he worked there from age 20 to age 32. I don't know how they roll in Brazil, but gaining 65 pounds as you transition from a young adult to a grown man doesn't seem all that excessive. This happened over a decade, not a year.
This guy probably could have just mixed in the occasional McSalad and been a bit healthier overall. But what do you think?
Questions:
-Is it fair to sue an employer like McDonald's for weight gain?
-Have you ever changed a job because it was making you unhealthy?
Jay Anderson is a freelance writer from Washington, DC, whose work has been featured in the Washington Post and on NPR. When he's not busy talking smack here, he runs the award-winning blog AverageBro.com. Follow him via Twitter @AverageBro.

Comments: (8)
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By: Wanda on 11/04/2010 8:20PM
IF YOU CAN SUE IT WILL LIKELY BECOME A CLASS ACTION SUIT. AHH, JUST PICTURE IT: $10 BILLION SETTLED ALREADY!
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By: wisdom on 11/04/2010 8:34PM
You can sue anybody,the question is can you win,or should i say will you win
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By: EB on 11/05/2010 1:51AM
You will only win if you have a receipt for each and every meal that you purchased, as well as documentation that can show how your weight increased over a period of time.
Then, with this in hand, you will most likely lose because (1) you ate numerous other foods from places not named MacDonalds, and then, by realizing that you were gaining weight, you knowingly assumed the risk of getting fat.
In addition, I would personally require that you produce medical documentation from your private physician.
So if I was MAcDonalds, Iwould make you spend thousands of dollars on your frivolous lawsuit.
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By: Patricia on 11/05/2010 10:07AM
Wow, now for all the big lawsuits by people who work for candy companies! How soon do these companies have to shut down due to lack of workers under 1,000 pounds. If McDonalds keeps getting sued by people who should be suing themselves for lack of mental control then McDonalds will replace these workers by robots. Will the lawyers then want to represent the robots for their inability to sue?
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By: Juanita on 11/05/2010 9:48PM
HOW CAN YOU SUE SOMEONE BECAUSE YOU ATE TO MUCH? COME ON NOW THAT IS JUST STUPID NO ONE OPEN UP YOUR MOUTH AND PUT THE FOOD OR DRINK IN IT.YOU DID THAT YOURSELF.EVERYONE WANTS FREE MONEY. STOP EATING SO MUCH OUTSIDE FOOD. AND GOOD FOOD SHOPPING AND GET SOME VEGETABLES AND FRUITS.THAN YOU WANT BE A FAT PIG.
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By: Juanita on 11/05/2010 9:52PM
that was to be go shopping. than you won't be a fat pig.
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By: Sean on 11/08/2010 9:52AM
Now everyone is going to jump on the wagon...hell...if you don't want to become obese...don't blame McDonald's...McDonald's has been around since the 50's....just pass it by & go to a salad bar...everyone is suing for everything these days...lol
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By: Jaye on 11/08/2010 9:54AM
Hell next brewing companies will get sued because there are too many drunk people...damn...get a life, people!
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